Abstract

http://ssrn.com/abstract=11472
 
 

Citations (2)



 


 



Markets, Self-Regulation, and Government Enforcement in the Protection of Personal Information, in Privacy and
Self-Regulation in the Information Age by the U.S. Department of Commerce.


Peter Swire


Nancy J. and Lawrence P. Huang Professor of Law and Ethics, Scheller College of Business, Georgia Institute of Technology



Abstract:     
A good deal of recent attention has focused on the potential for "self-regulation" on the Internet and more generally. This article proposes a general framework for deciding among markets, self-regulation and government enforcement in the protection of personal information. Self-regulation is tempting because of failures in a pure market or pure government approach. The article defines self-regulation, noting that it has the same separation of powers components (legislation, enforcement, adjudication) as traditional law. The case for self-regulation is based on: industry expertise; the creation and enforcement of industry norms of behavior; increase in reputational capital of the industry; improvement of technical standards; and the possibility that the risk of government action will lead to desirable self-regulation. Each of these potential benefits, however, may prove unpersuasive in a particular setting. Self-regulation may also promote cartel behavior or disfavor consumers or other groups not included in the "self." The paper concludes with a set of empirical questions to explore in any given choice among market, self-regulatory, and government approaches.

Number of Pages in PDF File: 19

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Date posted: August 15, 1997  

Suggested Citation

Swire, Peter, Markets, Self-Regulation, and Government Enforcement in the Protection of Personal Information, in Privacy and Self-Regulation in the Information Age by the U.S. Department of Commerce.. Available at SSRN: http://ssrn.com/abstract=11472 or http://dx.doi.org/10.2139/ssrn.11472

Contact Information

Peter Swire (Contact Author)
Nancy J. and Lawrence P. Huang Professor of Law and Ethics, Scheller College of Business, Georgia Institute of Technology ( email )
225 North Ave
Atlanta, GA 30332
(404) 894-2000 (Phone)
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